Funding Sources that Support Court ADR:

Statutes

Abstract: This chapter states that any county with a population of 150,000 or above shall have a settlement week, during which district courts, constitutional and statutory county courts and the family law courts "will facilitate the voluntary settlement of ci...

Abstract: This chapter addresses fees in civil proceedings in the Texas Judicial Branch. A district or statutory county court clerk will collect fees "in certain civil cases to establish and maintain an alternative dispute resolution system, if authorized by t...

Abstract: This article states that the Texas Department of Criminal Justice victim services division will train volunteers to serve as mediators between victims, guardians of victims and close relatives of deceased victims and offenders in cases of bodily inju...

Abstract: This article states that courts will not refer or order the victim or defendant of criminal prosecution cases arising from family violence to mediation, dispute resolution, arbitration or similar procedures. ...

Abstract: This subchapter addresses arbitration, mediation, collaborative law and informal settlement conferences in cases of marriage dissolution. The subchapter states that upon a written agreement from the parties, the court may refer them to arbitration fo...

Abstract: Section 153.0071 of this chapter states that the court can refer a parent-child relationship suit to arbitration or mediation if a written agreement exists or, in the case of mediation, by the court's own motion. Section 153.0072 states that a child-...

Abstract: According to this chapter, guardians and attorneys ad litem, as well as amicus attorneys, have the duty to "encourage settlement and the use of alternative dispute resolution" for disputes involving the children they represent. Additionally, in suits...

Abstract: This section states that a municipal judge may, with party approval, order a defendant and victim or complainant to mediation or alternative dispute resolution to be paid for by the city. ...

Abstract: This chapter states that domestic relations offices may "provide an informal forum in which alternative dispute resolution is used to resolve disputes under this code" and may charge a reasonable fee to provide those services. ...

Abstract: This chapter states that a judge in a district, statutory probate or statutory county court may, upon party agreement, refer a civil or family case to trial by special judge. The chapter addresses qualifications and powers of the special judge, attor...

Abstract: This statute states that the commissioners courts of each county may establish an alternative dispute resolution system to include mediation, conciliation or arbitration. The court may contract with nonprofit corporations, political subdivisions, a p...

Abstract: This section states that the Texas state bar shall establish a voluntary mediation and dispute resolution procedure to "resolve any allegation of attorney misconduct" as well as "facilitate coordination with other programs administered by the state b...

Abstract: Under this chapter, a court may refer a case to alternative dispute resolution (ADR) in response to party's motion or a motion of the court. Alternative dispute resolution processes addressed in the chapter include: mediation, minitrial, moderated se...

Abstract: This statute addresses arbitration in cases where there is a written agreement and the conflict occurs either at the time of or after the date of the agreement. Parties may only revoke an agreement "on a ground that exists at law or in equity for the...

Abstract: This chapter states that the court "may assist the victim and the defendant in participating in a victim-offender mediation program" if the victim requests such action and if a guilty plea or plea of nolo contendere has not yet been accepted. ...

Rules

U.S. Bankruptcy Court for the Northern District of Texas. Sep. 1, 2010

Resource Type: Rules - Court

Abstract: Under this rule, a bankruptcy judge may refer a case to mediation on the motion of any party or on the court's own motion. Upon motion and agreement of the parties, a judge may refer a case to binding arbitration, early neutral evaluation or mini-tri...

Abstract: Under this rule, litigants in all civil cases shall consider the use of court-annexed mediation at the appropriate stage of litigation, and any civil action may be referred to mediation upon order by the judge except those involving rulings of admini...

Abstract: Under this rule, all civil cases are classified into three different levels, though the ADR requirements are the same for all three levels. The rule outlines requirements for scheduling limitations and selection of a neutral by the parties. ADR is to...

Abstract: Under this rule, all cases set for trial on the merits are automatically referred to pre-trial mediation, with some listed exceptions. Any other case may also be referred to ADR if deemed appropriate in the discretion of a judge. The rule outlines p...

Abstract: Under this rule, the court shall make referral for mediation in appropriate cases involving disputed custody or visitation issues, though additional issues may be mediated by agreement of the parties. The rule specifies that submission to ADR procedu...

Abstract: Under this rule, a judge may refer any civil case to alternative dispute resolution processes on the motion of any party, by agreement of the parties, or on the judge's own motion. The court recognizes the use of mediation, mini-trial, summary jury t...

Abstract: Under this rule, the court shall make referral for mediation in cases involving disputed custody or visitation issues, though additional issues may be mediated by agreement of the parties. The rule specifies that submission to ADR procedures is to oc...

U.S. District Court for the Southern District of Texas. Adopted May 1, 2000; amended October 18, 2012

Resource Type: Rules - Court

Abstract: Under this rule, a judge may refer any civil case to ADR on motion of any party, by agreement of the parties, or on its own motion. Parties may select a method and provider, unless the judge believes another is better suited. ADR may take the form of...

U.S. Bankruptcy Court for the Eastern District of Texas. February 1, 2000; amended December 1, 2009

Resource Type: Rules - Court

Abstract: This rule addresses 'motions to approve compromise,' which must analyze settlement factors, 'cite any adversary proceedings,' include a copy of the settlement agreement and contain "an affidavit or an unsworn declaration under penalty of perjury" by ...

Abstract: This rule lists the categories of cases brought in district, county, or justice of the peace courts which must be referred to mediation. These categories include divorces where custody is contested, suits affecting parent-child relationships, custody...

Abstract: Mediation is mandatory for every contested case unless an objection is filed and the parties are excused by the court at least 60 days before trial. Otherwise, a mediation conference must be held prior to the deadline for filing the joint pretrial or...

Abstract: This rule states that the courts' policy is to encourage the use of alternative dispute resolution to resolve conflicts. No trial on the merits is to be conducted until all contested issues have been referred to an ADR procedure and ADR has been unsu...

Abstract: This rule states that mediation and other forms of ADR are encouraged and will be ordered as deemed appropriate by the court. Cases are automatically referred to mediation; however, the court may determine that mediation is not appropriate, or a part...

Abstract: This rule states that the court strongly encourages the use of ADR, particularly mediation. Upon application of any party, the court will give serious consideration to ordering mediation. The court may hold a status conference, either upon applicatio...

U.S. District Court for the Western District of Texas. Effective January 1, 1994; last amended effective December 1, 2009

Resource Type: Rules - Court

Abstract: Under this rule, the court may refer a case to ADR on the motion of a party, on the agreement of all parties, or on its own motion. The court recognizes the use of early neutral evaluation, mediation, mini-trial, moderated settlement conference, summ...

Abstract: A court may, on its own motion or the motion of a party, refer a pending dispute for an alternative dispute resolution procedure. Any party may, within 10 days after receiving notification of a referral, file a written objection which sets forth a r...

155th Judicial District Court of Texas. Jan. 1, 1986; current as of March 15, 2011

Resource Type: Rules - Court

Abstract: Rule 601 states that "mediation is encouraged in all matters." Rule 602 describes the process for referral and the timing of mediation. The rule further provides for confidentiality, notification of the results to the court and payment of fees....

Abstract: For this comparative study of the effect of mediation on the time it takes to achieve a permanent placement for children in care, the author matched 315 cases in Texas that went through mediation to 315 that did not. She found that slightly more chil...

Abstract: Child protection mediation began as a pilot project in Texas. The success of the pilot led to implementation across most of the state. The University of Texas Law School Mediation Clinic conducted a survey of judges, attorneys and mediators in an eff...

Abstract: This study examines the implementation and success of Child Protection Services mediation programs in four counties throughout Texas from 2003 to 2005. Programs in the South Texas Cluster Court and the North East Texas Foster Care Docket, both of whi...

Abstract: This study examines the implementation and success of Child Protection Services mediation programs in five counties around Texas during 2002. Programs in the South Texas Cluster Court and the North East Texas Foster Care Docket, both of which cover m...

Abstract: This study examines the implementation and success of five different Child Protection Services mediation programs in counties around Texas during 2001. Survey data was collected from judges, mediators, staff and mediation participants to determine t...

Abstract: This study examines the implementation and outcomes of Child Protection Services mediation programs in 12 counties around Texas. Survey data was collected from judges, mediators, staff, and mediation participants to determine the settlement rate and ...

Abstract: This report evaluates existing victim offender programs in the U.S. It studied juvenile courts in Albuquerque (NM), Austin (TX), Minneapolis and St. Paul (MN), and Oakland (CA), in terms of the mediation process and outcomes, client satisfaction, per...

Contacts

Abstract: This organization is part of the University of Houston College of Business Administration. Its purpose is to promote greater understanding of conflict resolution and its impact in society and to encourage expansion of the field. The Center states th...

Abstract: The Texas Mediator Credentialing Association is a non-profit organization that offers voluntary credentialing to all mediators in Texas who qualify and maintains a list of mediators who have been granted such credentials. Its Code of Ethics and Stand...

Abstract: "The Center is a resource to governmental agencies, courts and practitioners for the planning, design and implementation of ADR processes and to the private sector regarding disputes having an impact on public policy." The center also offers training...

Abstract: The Center for Dispute Resolution and Conflict Management at the Southern Methodist University Annette Caldwell Simmons School of Education and Human Development provides mediation, arbitration and other conflict resolution services. The program offe...